S.Sobhana vs Pooyappally Service ...
2023 Latest Caselaw 7282 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                    WP(C) NO. 104 OF 2022
PETITIONER:

           S.SOBHANA
           AGED 41 YEARS
           W/O. ANURAJ, THODIYIL PUTHENVEEDU,
           MARUTHANPALLI, POOYAPPALLY, KOTTARAKKARA,
           KOLLAM DISTRACT.
           BY ADVS.
           MANOJ RAMASWAMY
           JOLIMA GEORGE
           JISHA SASI
           C.B.SABEELA
           APARNA G.
           CHINNU ROSE MARY THOMAS


RESPONDENTS:

    1      POOYAPPALLY SERVICE CO-OPERATIVE BANK
           LTD.NO.3964,
           KOTTARA, MEEYANNOOR P.O., KOLLAM DISTRICT 691
           537. REPRESENTED BY THE SECRETARY.
    2      THE SPECIAL SALE OFFICER,
           POOYAPPALLY SERVICE CO-OPERATIVE BANK AND THE
           ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
           (GENERAL), KOTTARAKKARA, KOLLAM DISTRICT 691
           506.
           BY ADVS.
           K.SIJU
           ANJANA KANNATH
           T.S.SREEKUTTY
           Smt. Mable C.Kurian [ GP]


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.104 OF 2022

                                  2


                           JUDGMENT

When this matter was called today, Smt.Anjana Kannath -

learned Standing Counsel for "Pooyappally Service Co-operative

Bank Ltd." ('Bank' for short), submitted that the overdue in the

loan account of the petitioner, as on 07.06.2022, is Rs.3,31,588/-;

and that if the petitioner is willing to pay the same in not more

than 18 equal monthly installments, the account can be regularised

and she can be allowed to pay off the balance as per the original

sanction.

2. Sri.Manoj Ramaswamy - learned counsel for the petitioner,

fully agreed to the afore and prayed that this writ petition be thus

ordered.

In the afore circumstances, I allow this writ petition, granting

liberty to the petitioner to pay the overdue amount in the loan

account - namely, Rs.3,31,588/-, as on 07.06.2022 - with all

applicable charges and interest, in 18 equal monthly installments

commencing from 15.07.2023. She shall also pay the regular EMIs

following due in the account without fail along with this.

Needless to say, if the afore directions are complied with by

the petitioner, the Bank shall regularise the loan account and allow

her to pay off the balance as per the original sanction.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.104 OF 2022

APPENDIX OF WP(C) 104/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASS BOOK (RELEVANT PORTION).

Exhibit P2 TRUE COPY OF THE NOTICE DATED 19.04.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY APPLICATION SUBMITTED BEFORE THE BANK DATED 09.06.2021.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 17.12.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE RECEIPT VIDE NO CH.3/143/2022-23 DATED 7.4.2022

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN